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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

In a criminal case for estafa, the pre-trial conference is scheduled under Rule 118. The People and the offended party appear, but the accused fails to appear and does not send counsel. The pre-trial conference proceeds, and the court drafts a pre-trial order listing admitted facts, stipulations, and the calendar for trial. The accused later moves to set aside the pre-trial order, claiming that his non-appearance was due to a grave and justifiable family emergency, and attaches supporting documents. The prosecution opposes. Which of the following statements best captures the controlling doctrine on non-appearance at a pre-trial conference, the sanctions or remedies available, and the proper course of action given these facts?

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The absence triggers default; the pre-trial order remains valid and the trial proceeds in the accused's absence. If the absence is due to service issues, the court must declare a mistrial and reset the pre-trial. If the accused is absent but the defense counsel is present, the pre-trial may proceed, and the absence may be excused only if grave cause is shown. The court may proceed with the pre-trial in the accused's absence, and the pre-trial order may be set aside only upon a proper motion showing grave or justifiable cause for the absence.

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